Title
Amnesty to MILF Members for Political Crimes
Law
Proclamation No. 405
Decision Date
Nov 22, 2023
Proclamation No. 405 grants amnesty to members of the Moro Islamic Liberation Front (MILF) who have committed crimes in pursuit of their political beliefs, aiming to create a climate conducive for peace and reconciliation in the Philippines.
A

Eligibility and Application for Amnesty

  • Any MILF member who committed a covered act before the Proclamation's issuance may apply.
  • Those previously granted amnesty under earlier proclamations are ineligible.
  • Persons whose previous applications were rejected for being late may apply anew.
  • Applicants must submit a written, sworn admission of guilt and surrender weapons without legal penalty.
  • Filing an application does not guarantee amnesty; qualification decided by a Presidential-approved Amnesty Commission.

Amnesty Commission

  • A body is created specifically to receive, process, and decide amnesty applications.
  • The Commission deliberates on the applicants’ eligibility based on criteria in the Proclamation.

Legal Effects of Amnesty

  • Amnesty extinguishes criminal liability for specified politically motivated acts.
  • Does not absolve civil liability for damages caused; victims’ rights to compensation remain intact.
  • Restores any civil or political rights lost due to criminal convictions related to the amnestied acts.

Confidentiality Provisions

  • All applications, testimonies, and evidence submitted are confidential and cannot be used against applicants in other proceedings where amnesty is not the issue.
  • Exception is made for perjury committed in the course of amnesty applications.

Application Period

  • Applicants have two years from the Proclamation’s effectivity to file their applications under oath.

Separability Clause

  • If any provision is found unconstitutional, remaining provisions remain effective and valid.

Repealing Clause

  • Any inconsistent orders, rules, or regulations are repealed or modified accordingly.

Effectivity

  • The Proclamation takes effect only after approval by a majority of Congress members.

Implementing Rules and Regulations

  • The Amnesty Commission is tasked to issue the rules and regulations for the program within 15 days after the Proclamation becomes effective.

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